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The Tangled Web of Foreclosure

The Tangled Web of Foreclosure

By Jennifer Felten Case of the Month:  Joshua and Christina Epps, Plaintiffs and Respondents v. Bruce Lindsey, Defendant and Appellant What’s in a word?  For Bruce Lindsey, he hoped it was the house he was living in.  Unfortunately, it didn’t work out the way he wanted.  It all started when Lindsey’s at the time girlfriend, Linda Barbee, […]

Airbnb Updates Security

Airbnb Updates Security

By Jennifer Felten Airbnb has been in the news lately, but not for good reasons.  Criminals have started hacking the accounts of highly rated Airbnb users.  They then are able to conduct a short-term lease on properties using someone else’s account.  While they are in the unit, they rob the place.  Other criminals have taken […]

Do I really have to pay the State of California Annual Minimum Franchise Tax? Taxed When Taxes Aren’t Owed.

Do I really have to pay the State of California Annual Minimum Franchise Tax?  Taxed When Taxes Aren’t Owed.

By Jennifer Felten They say two things in life are a certainty …death and taxes.  A small company named Swart Enterprises, Inc. (“Swart”) found out the hard way how states are always trying to get more revenue via tax dollars.  If you haven’t heard about Swart, don’t feel too bad.  It is a small, family […]

Homeowner Uses Doorbell Speaker to Spook Would-Be Burglar

Homeowner Uses Doorbell Speaker to Spook Would-Be Burglar

By Jennifer Felten The term “Internet of Things” (“IoT”) refers to the ever-growing network of physical objects that feature an IP address for internet connectivity, and the communication that occurs between these objects and other Internet-enabled devices and systems.  For the average household this means basically connecting many “smart devices” via the internet, typically via […]

Sea Lions May Not Make the Best Neighbors: Citizens for Odor Nuisance Abatement (CONA) v. City of San Diego et. Al.

Sea Lions May Not Make the Best Neighbors: Citizens for Odor Nuisance Abatement (CONA) v. City of San Diego et. Al.

By Jennifer Felten California is known for its beautiful coastline with miles and miles of beaches.  But not all beaches are as inviting as others.  The case of Citizens for Odor Nuisance Abatement (“CONA”) versus the City of San Diego (“City”) calls into question the habitability of one such beach known as La Jolla Cove.  […]

A New Year Means New Tax Laws

A New Year Means New Tax Laws

By Jennifer Felten Each New Year brings many changes.  January first of each year is when many new laws take effect and December 31 is when many old ones expire.  Below are just a few new tax laws that are being considered or recently passed for 2017 that relate to real property ownership. At the […]

Yes, HOA Can Sell Property for Delinquent Fees

Yes, HOA Can Sell Property for Delinquent Fees

By Jennifer Felten Howard Rich purchased a single-family residence at an execution sale.  The execution sale was conducted to satisfy a judgment against Yung-Shen Steven Lee.  Rich was a third-party purchaser.  The plaintiff and judgement creditor was Spyglass Hill Community Association, the HOA which managed the residence where Lee lived.  After the sale, the trial […]

Westside Estate Agency, Inc. v. James Randall, et al. — Get It In Writing!

Westside Estate Agency, Inc. v. James Randall, et al. — Get It In Writing!

In legalese, the term “statute of frauds” refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be bound by the contract, with sufficient content to evidence the contract.  One such type of contract that must be in writing pursuant to California Civil Code section 1624(a)(4) is […]

Coordinated International Law Enforcement Action Taken Against Cyber Criminal Network “Avalanche”

Coordinated International Law Enforcement Action Taken Against Cyber Criminal Network “Avalanche”

Cyber crime is a major issue in the real estate industry today.  In particular, the use of “phishing” to misdirect funds in real estate transactions and the subsequent movement of those funds out of the United States through money mules has resulted in millions of dollars in losses.  More often than not the criminals are […]

Schellinger Brothers, et al. v. James F. Cotter — Can’t Break That Contract

Schellinger Brothers, et al. v. James F. Cotter — Can’t Break That Contract

By Jennifer Felten This case involves the attempted acquisition of a 21-acre parcel in Sebastopol for the purpose of subdivisions.  The parties entered into a sales contract in 1998.  Consummation of the contract was conditioned upon the buyer obtaining approval for their subdivision map and a lot line adjustment from the city of Sebastopol.  Due […]

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